01/25/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES • JANUARY 25, 2012 proposed dwelling will be located 20 feet away from the front setback, with the exception of a small bump -out on the structure. A lengthy conversation about the proposed widow's walk/cupola ("feature") ensued. Although commending the engineer for relocating the proposal further away from Kim Path, Mr. Nelson said that he is not in favor of the widow's walk. Attorney Kirrane said that he would characterize the feature as a cupola, not a widow's walk. Mr. Slavinsky said that it is actually a sky light. Mr. Reiffarth said that it would block the view of neighbors behind the dwelling. Mr. Luff said that a traditional widow's walk would be constructed over the top of the ridge and would be two feet higher than the proposal. The 9.6x9.6 -foot feature is square with three windows on each side. Mr. Luff said that the Petitioner prefers this prominent architectural feature. Mr. Luff submitted a sketch of his draft. Mr. Luff said that changing the pitch of the roof would only make a difference of 6 inches. Mr. Morgan commented that he feels that the feature is preferable to a widow's walk. The Conservation Commission issued an Order of Conditions on November 30, 2011. Mr. Michael Kelley, an abutter at 49 Kim Path, questioned the bump -out and reviewed the revised plan. Mr. Luff explained that the turret was designed to bump out one foot in • order for the roof to complete itself and for the facets to work architecturally. Mr. Kelley raised no objections to the proposal. Mr. Blaisdell made a motion to grant the Written Finding and the Special Permit to allow for the proposal and as permitted under M.G.L. Chapter 40A Section 6. Findings: • Lot coverage will be reduced from 24.1% to 21.7%; encroachment into the rear setback (easterly side) will improve from one foot to 9.2 feet; the northerly side conforms to the setback requirements; therefore, the proposal is not substantially more detrimental than the existing non -conforming structure or use to the neighborhood. • There is adequate land area to provide sufficient parking and setbacks as the Board may require. This Decision is conditioned upon the following: • Cape & Islands Engineering plan entitled: "Proposed Site Plan Located in Mashpee, Mass. Prepared for Richard Manganiello. Date: Sept.20.2011, Rev'd. Nov.8,2011. Rev'd.Jan.19,2012". • Sketch dated and signed by Architect Timothy Luff. • Compliance with Board of Health Memo: "The owner or representative of the property shall notify an agent of the Board of Health, during construction of the dwelling, that a 40 mil. rubber liner has been installed alongside of the septic tank." • No material, equipment, or machinery will be allowed inside the coastal dune • either during demolition and removal of existing structure, or during construction of the new dwelling. 2